Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)

Citation: Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)
Parent Document: Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)
Jurisdiction: California (state)
Effective Date: 1984-11-15
Original Source: https://www.courtlistener.com/opinion/2139884/adamson-companies-v-zipp/ ↗

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Prior to its amendment in 1982 and 1983,[10] subdivision (b) of former section 798.55 read as follows: "(b) The management shall not terminate or refuse to renew a tenancy, except for a reason specified in this article and upon the giving of written notice to the tenant in the manner prescribed by Section 1162 of the Code of Civil Procedure, to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner and registered owner of the mobilehome, if other than the tenant, by United States mail on the same day as notice is given to the tenant, addressed to the legal and registered owners at their addresses, as set forth in the registration card specified in Section 18075.28 of the Health and Safety *11 Code." Our research has disclosed no case construing the foregoing section as it read prior to the 1983 amendment in terms of the question whether strict compliance with its notice provisions in regard to the "legal owner and registered owner of a mobilehome, if other than the tenant," constitutes a jurisdictional prerequisite to the mobilehome park landlord's right to maintain an unlawful detainer action. In the absence of controlling authority on this point, we believe that logic and the policy underlying the notice-to-the-nontenant-owner provision of section 798.55, subdivision (b) require the conclusion that the Legislature did not intend, nor does the law otherwise require, strict adherence to this aspect of the notice procedure so long as the owner, if other than the tenant, prior to the filing of the action, does receive fair notice of the termination or refusal to renew a tenancy under the Mobilehome Residency Law. (See Arrieta v. Mahon (1982) 31 Cal.3d 381, 389-393 [182 Cal. Rptr. 770, 644 P.2d 1249]; Adams v. Department of Motor Vehicles (1974) 11 Cal.3d 146 [113 Cal. Rptr. 145, 520 P.2d 961, 64 A.L.R.3d 803]; see also, People v. Surety Insurance Co. (1978) 82 Cal. App.3d 229, 237-239 [147 Cal. Rptr. 65].)[11]

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